- While admitting Asma Jahangir’s petition, court asks govt ‘to show patience in implementation of punishments’
Asking the government to “show patience in implementation of the punishment”, a 17-member bench of the Supreme Court (SC), headed by the Chief Justice of Pakistan (CJP) Nasirul Mulk, has stopped the execution of six militants who were awarded death penalties by military courts on April 2 on terrorism charges.
Hearing several identical petitions against the military courts, which were formed following a massacre at Army Public School, Peshawar, the court also issued notice to the attorney general to respond to the objections and adjourned the hearing till April 22.
The plea against implementation on death sentences awarded by military courts was filed by Supreme Court Bar Association (SCBA) through its former president Asma Jahangir.
Lawyers had challenged the courts’ establishment saying that they were “unconstitutional and amount to a parallel system”. In the petition, SCBA requested the SC to pass an interim order staying the execution of the persons penalised by military courts.
It argued that case regarding 21st Constitutional Amendment is being heard by the apex court and implementation on death sentences until the final disposal of the constitutional petition would be considered as “unconstitutional and unjust”.
During the hearing, Asma Jehangir told the bench that there were a lot of arguments against the military courts, requesting the judges to stay the hanging of six convicts till a verdict is issued on these courts.
Arguing that the judges came to know about the death penalties through media reports and the government should “show patience in implementation of the punishment”, the court stayed the executions.
On the other hand, the government defends military courts’ establishment for speedy trial of “hardcore terrorists” blamed for attacks on the security forces. The courts had formally started work in February and the Interior Ministry had sent 12 terrorism-related cases.
The army spokesman, Maj Gen Asim Bajwa, said this month that the military courts were involved in hearing of cases of “heinous acts of terrorism, manslaughter, suicide bombing and loss of life and property”. The convicts have the right to appeal to courts of appeal, the military spokesman said in his previous statement.
The parliament had introduced an amendment in the constitution to set up the military courts for the speedy trial as officials had insisted that people involved in terrorism escape punishment in the regular judicial system or their trial is delayed.
Officials said that the provincial governments have prepared lists of the cases to be referred to the military courts in the coming weeks.
Mr. CJP,
Did these terrorists shows any patience in killing Pakistani citizens?
Who need those judges? They main aim is to delay justice. Are those judges above parliament?
Justice delayed is justice denied…these bloodsucking money eating corrupt lawyers and judges just want their corruption to continue forever…Mr. CJP please go and ask the mothers of martyred children about Patience, If for example the same terrorists attack your family would you opt for patience and let them kill your children or would you want to kill them at spot…Pakistani courts are filled with filthy Hippocrates Judges…
Among the many ailments in Pakistan which impede growth and progress, criminal justice system is sick to the core and needs immediate and thorough overhauling. The judges helped by greedy lawyers and the types of Asma Jahangir neither do their job nor let others perform. It is a great pity that holy cows are above law. They are impeding rather than giving a helping hand to Operation Zarb-e-Azb, which is fighting an existential war.
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